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Posted By Ian Mycroft
We are currently moving in to our new head office and I am helping with workstation set up / assessments. Whilst doing this I found out that one of our employees is using a small laptop (about 10" screen) as her main PC without using the docking station, separate keyboard and screen provided. All the people in the new Head Office have also been provided with very good quality fully adjustable chairs to promote good working posture. However, because she uses the laptop, her posture is not good and I am concerned for her health in future years as a result of this. When I explained this to her she said that she used a separate keyboard and screen for around 5 years and had problems with pain in her wrists and dry eyes, since using the laptop (around 3 years) she claims she has had no problems.
So here is the dilemma, as I see it. Regulation 3 of the DSE Regs states that employers have an absolute duty to ensure workstations meet the requirements laid down in Schedule 1 of the DSE Regs. A laptop used on it's own does not do this, so by allowing an employee to use one are we failing to comply with this Regulation?
Yes we have provided the right equipment and we have explained to the employee why it should be used, but if we don't take action to ensure that she uses it, are we in danger of a compensation claim from the employee if she does suffer injury (WRULD)?
On the other hand, if we insist that she uses the equipment supplied and, even though it complies with DSE Regs, she suffers injury are we still in danger of a compensation claim?
It seems to me that could be dammed if we do and dammed if we don't.
I would really appreciate the views of the people on this forum.
Thanks
Ian
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Posted By Rachael Palmer
I would question whether her workstation was set up correctly when she was using the keyboard & screen. although the equipment has been supplied any you've explained how to set up the workstation and why I would be inclined to set her up again with keyboard, mouse & screen and monitor situation. Does she need any other equipment e.g. footrest so she's sat correctly? Does she have any underlying health problems that you are not aware of?
Involve occupational health / or an ergonomist who specialises in workstation issues. At least you can then show you've taken all reasonable steps to eliminate any problems. She may listen to someone from outside the organisation.
I'd be interested to know how you resolve this issue as I'm sure it is one that all of us will come across at some point in our working life.
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Posted By Tabs
"are we in danger of a compensation claim from the employee if she does suffer injury (WRULD)?"
Strictly speaking, yes. The regulations and guidance are there for a reason, but you can do things to minimise the likelihood.
You can monitor the situation and agree between you that things will need to change if she begins to develop aches etc.
You can simply choose to put things right now.
Or if she really like her laptop and resists change, you can write to her outlining the risks and your preference to remove those risks - but not enforce them. This is likely to limit a claim of damages.
Options 1 and 3 are unlikely to impress the enforcement agency though, and if you are inspected they might require you to change things.
One thing for sure - you must provide the training information and workstation assessment and make sure they all tie-up because you will be hammered by the enforcement officer if you don't have them available while discussing the case.
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Posted By Brigham
Ian,
As long as you have explained the rationale why you are wanting to provide what you have identified in your RA and the person does not want them and you record this fact, you are OK. I would suggest adding a caveat that the person contact you if she begins to have problems. You would also do well to check on her every once in a while.
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Posted By Crim
The employer has a duty to comply with regulations therefore the employee should be instructed to conform and to use the equipment provided correctly.
I do not believe any employer can use the employer's own wishes as an excuse in a court of law.
Be firm but fair I say!
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Posted By Kenneth Patrick
Is she is a "user" as determined by the DSE regs then a laptop without a docking station can not be allowed. But I feel this is self regulating because it is hard to imagine that a real user would be happy/comfortable hunched over their laptop for extended periods of intense use.
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Posted By MICK MEAD, CMIOSH
I have had this situation quite often with people preferring their old "non-DSE" chair. My opinion is that I cannot think of any other risk assessment where employee preferences are accepted even if they clash with guidance/regulation/best practice.
I agree about involving an Ergonomist on this.
Regards, Mick
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Posted By D H
"are we in danger of a compensation claim from the employee if she does suffer injury (WRULD)?"
Strictly speaking, yes"
From my own very recent experience where my last employer did no information and training on the risks, or assessment of the task I have been diagnosed with carpal tunnel syndrome in both wrists.
Specialist recommends surgery on both hands.
i enquired (No win no fee company) about compensation and the Scottish Law Society reckon "proving RSI injuries are work related are notoriously difficult" and therefore do not recommend I proceed with a claim against my last employer.
So - claiming compensation against a company when assessments and advice have been given would be near impossible if my information is correct.
Dave
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Posted By Tina Reinson In my experience of treating patients with aches and pains associated with their work (mainly desk based). If the current work station is not causing any problems, and you have advised as best you can, then it really is up to the individual to take responsibility for their own health. Obviously it would be different if she was experiencing all sorts of aches and pains. On the other hand, if she looks woefully wrong at her work station, this could be because she has become so used to sitting like this it now feels comfortable! There could be an underlying condition that hasn't yet been diagnosed. Tina Reinson www.coreminutes.com
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Posted By Ron Hunter
As Crim meant to say, the employee is legally bound (HASAWA) to comply with the employer's arrangements for legal compliance.
Law says screen and keyboard must be seperate (Schedule 1 of the DSE Regulations). End of discussion.
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Posted By Richard Beevers
I hate to bring other regulations into things but..... PUWER reg 4 - suitability of work equipment.
It's an absolute duty to ensure suitable work equipment. I don't believe any laptop on it's own - never mind one with a 10" screen - can be considered suitable for working on all day/ their main workstation.
When, this employee suffers pain and ill health, if you haven't ensured that they use suitable equipment, I think they'll have a pretty good claim.
Involve an ergonomist, explain to the individual why a proper workstation is needed, and instruct them to use the right equipment. I've come across too many people (usually senior managers) who want light weight / small screen laptops and say that it's what they want and will be fine and it's their decision.
Trouble is, when it's the absolute duty of the employer to do it, it's NOT the employees decision.
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Posted By Ian Mycroft
Thanks All, for your responses. You’re all singing from the same hymn sheet as me on this one. The person in question spends up to seven hours a day working on this laptop, so definitely a user, she is young and in good health (for now) I just want her to stay that way.
Ian
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Posted By Crim
Ron, how do you know what I meant to say? I did say what I meant to!
Also if the employee uses the lap top with a separate keyboard does that then come under the Regs?
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Posted By holmezy
The DSE regs were written pre laptop days, so they don't really take into account there use. From my experience its extremely difficult to enforce these regs, yes you can assess the workstation (laptop or pc), yes you can make the operator aware of correct layout, posture, equipment etc, however, as soon as you leave the scene, most folks tend to re-arrange their work area to a format that allows them free access to their handbag, sweet draw or favourite picture etc. It is difficult to enforce longterm. It is also very difficult for an employee to make a succesful claim for WRULD's as a result of using DSE equipment IF you have all the RA's completed and can demonstrate that you have explained the why's, wherefores etc of good workstation layout.
We cant watch over people constantly, and at the end of the day, some people will not take advice and continue to do what they always do.
soon be beer time.....
Holmezy
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Posted By Ron Hunter
Crim,
No offence intended. You originally said
"I do not believe any employer can use the employer's own wishes as an excuse in a court of law."
I think you meant one of these terms to refer to the employee?
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Posted By Crim
Ron, I see what you mean, I am humbled.
Have a good weekend.
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